Myth vs. Fact -- Child Abuse Reporting

The
recent events at Penn State University involving allegations of child abuse and
the failure to report the abuse by high level administrators presents an
opportune time to remind our members that education employees in Oklahoma have
an obligation to promptly report to the Oklahoma Department of Human Services
(OKDHS) any suspected abuse or neglect of a child under the age of 18.

The OEA Legal Department annually receives a large number of
calls regarding child abuse issues. Sadly, countless members are misinformed
about their reporting obligations and many districts run afoul of the statutory
requirements. The following article is designed to help dispel the most common
myths relating to child abuse reporting.

Myth: If I
don’t believe the child’s story, I don’t have to report it.

Fact: Your job isn’t to assess credibility, it is to report. However,
if you do not believe the child’s story, you should tell that to the DHS worker
or police officer you contact. Reporting abuse doesn’t mean acting as an
advocate for the prosecution. Rather, you simply convey all information you
possess to the DHS worker or police officer.

Myth: Telling
my counselor or principal about the concern meets my reporting obligation, and
if my principal tells me not to report, I don’t need to.

Fact: We deal with numerous calls annually from school staff members who
have been instructed by their principals just to tell the counselor or not to report
the incident at all. The principal may not believe the child, wants to avoid
dealing with angry parents, doesn’t want a police investigation on his or her
campus, hopes to duck negative press, etc. Regardless of the motivation, you
have the obligation to report the alleged abuse yourself and no administrator
can lawfully direct you to do otherwise or relieve you of your individual
reporting obligation under the statute.

In addition, if your district procedure states or implies that
you should let someone else make the DHS call, you need to make the DHS call
anyway (violate the procedure, not the law), but in all other respects follow
the procedures set forth in your district. In short, you have to report child
abuse cases to DHS yourself regardless of your internal district procedures or your
principal’s directives.

Myth: If I
didn’t hear it first hand, I don’t have to report it.

Fact: First hand, third hand, written on a bathroom stall, or an
anonymous phone call – you have to report the alleged abuse. Every person
“having reason to believe” a child is being abused must report it, and it is
not your right to assess the credibility of the source.

Myth: If I
call DHS and the person answering the telephone tells me not to report this
type of incident again, I should do as they advise.

Fact: Many DHS workers are well informed, qualified individuals who
will work to assist you and provide accurate answers. Some won’t and many don’t
fully understand the laws they are supposed to enforce. Don’t rely on their
legal advice – make the call, and if it annoys the DHS worker, so be it.

Myth: If a
child is in imminent danger, calling DHS is enough.

Fact: DHS is as understaffed and overburdened as any other state
agency, and it is unlikely that they will be able to immediately respond to
every situation where a child is facing imminent harm. In situations where you
believe a child will be facing an imminent threat, call 911 in addition to DHS.

Myth: As long
as I made the call, DHS will keep the record that I contacted them so I won’t
get in trouble for failing to report.

Fact: Sometimes they will, sometimes they won’t. Especially in cases
where the DHS worker tells you that the information you reported isn’t reliable
enough to act on or doesn’t constitute abuse, keep a record of the time and
date you called, the name of the individual you spoke with, the number you
called, and what information you conveyed.

Myth: Being
strict or chastising a student constitutes child abuse.

Fact: While “threatened physical harm” to a child constitutes abuse, simply
yelling at a child (while it may be inappropriate) does not meet the statutory
definition of child abuse. The same is true of making a child feel guilty or
embarrassing a child – even though it, here again, may be inappropriate and
unprofessional conduct.

Unfortunately, many districts in attempting to discipline staff
members will apply the term “child abuse” to actions that, while not
professional, in no way constitute abuse. Similarly, simply seeing a parent
yelling at a child or exercising reasonable parental discipline (including
spanking), does not constitute child abuse under Oklahoma law.

This article by no means answers every child abuse reporting
question, but hopefully gives you some useful guidance. The safest bet is to
always keep student safety as your first priority and call your advocate with
questions when specific concerns arise. OEA members who have questions about
this issue should contact their regional advocacy specialist.